§ Mr. AustinTo ask the Secretary of State for Health what obligation he has placed on primary care trusts which wish to change their governance arrangements in a manner that departs from the guidance recently issued by his Department to consult with(a) users and (b) staff likely to be employed by the such trusts and their representatives. [107668]
§ Mr. Denham[holding answer 31 January 2000]: The membership structure of each primary care trust is set out in its establishment order and must be in accordance with the Primary Care Trust (Membership, Procedure and Administration Arrangements) Regulations 2000. The Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 provide that before an establishment order is amended so as to alter the membership of the trust then the health authority must consult the trust concerned. There is however no obligation under the regulations to consult users or staff. This mirrors the existing situation for NHS trusts.
None the less, the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 set out the consultation requirements which must be complied with before an order establishing a PCT is made. The regulations state that the health authority within whose area the primary care trust is to be established must consult, among others, the local community health council, bodies that represent health care professionals, any voluntary organisations that represent patients or their private carers, and any other persons considered appropriate. Also Health Service Circular 1999/167, "PCTs: the Application Process", stated that those to be consulted on proposals for PCTs should include, among others, trade unions, and other staff or professional representative groups.